Regulon.AI — RI-S-2197 · RI S 2197 (AI in Mental Health Care)

Summary

Regulates the use of artificial intelligence by licensed mental health professionals in Rhode Island. Licensed professionals may use AI only for administrative and supplementary support tasks, and must maintain full responsibility for all interactions, outputs, and data use. AI is categorically prohibited from making independent therapeutic decisions, directly interacting with clients in therapeutic communication, generating treatment plans, or detecting emotions or mental states. Before using AI to record or transcribe therapy sessions, written informed consent from the patient (or parent/guardian) is required. No person or entity may offer therapy or psychotherapy services through AI unless conducted by a licensed professional. The Director of the Department of Health has investigative authority, and confidentiality violations are subject to existing penalties under § 5-37.3-9. The chapter does not apply to religious counseling, peer support, or self-help materials.

Enforcement & Penalties

Enforcement Authority

The Director of the Department of Health has authority to investigate any actual, alleged, or suspected violation of this chapter. No private right of action is created. Penalties for confidentiality violations are governed by existing § 5-37.3-9. The Director is authorized to promulgate rules and regulations to carry out the chapter.

Penalties

Penalties for confidentiality violations are those set forth in § 5-37.3-9 (the Rhode Island Confidentiality of Health Care Communications and Information Act). The bill does not specify separate civil penalties, statutory damages, or remedies for violations of the operative AI-use restrictions. No attorney fees provision.

Who Is Covered

"Licensed professional" means an individual who holds a valid license, credential, or certification issued by this state to practice as a psychologist, social worker, mental health practitioner, professional substance use counselor, professional substance use prevention practitioner, or to otherwise provide therapy or psychotherapy services including: (i) A licensed mental health counselor; (ii) A licensed marriage and family therapist; (iii) A licensed creative arts therapist; (iv) A licensed psychoanalyst; (v) A licensed master social worker; (vi) A licensed clinical social worker; (vii) A credentialed alcoholism and substance abuse counselor; (viii) A credentialed prevention professional; (ix) A credentialed prevention specialist; (x) A credentialed alcoholism and substance abuse counselor, credentialed prevention professional, or credentialed prevention specialist with an additional gambling designation; (xi) A certified problem gambling counselor; (xii) A credentialed alcoholism and substance abuse counselor trainee; (xiii) Any other person holding any other credential that may be overseen by units or divisions providing addiction services and supports; or (xiv) Any other professional licensed, credentialed, certified, or otherwise authorized by this state to provide therapy or psychotherapy services, except for a physician.

Compliance Obligations 4 obligations · click obligation ID to open requirement page

HC-02 AI in Licensed Professional Practice Restrictions · HC-02.4 · Professional · Healthcare

R.I. Gen. Laws § 40.1-5.5-3(a)

Plain Language

Before a licensed mental health professional may use AI to record or transcribe a client's therapeutic session, the professional must provide the patient (or parent/guardian/legal representative) with written notice that AI will be used and the specific purpose of the AI tool, and must obtain affirmative written consent that is revocable at any time. Consent cannot be bundled into general terms of use or obtained through deceptive actions. This obligation applies specifically when AI is used for supplementary support involving session recording or transcription.

Statutory Text

(a) No licensed professional shall be permitted to use artificial intelligence, designed to simulate emotional attachment, bonding, or dependency or artificial intelligence companions for mental health or emotional support, to assist in providing supplementary support in therapy or psychotherapy services where the client's therapeutic session is recorded or transcribed unless the patient or the patient's parent, guardian or other legally authorized representative is informed in writing of the following: (1) That artificial intelligence will be used; (2) The specific purpose of the artificial intelligence tool or system that will be used; and (3) The patient or the patient's parents, or other legally authorized representative, provides consent to the use of artificial intelligence.

HC-02 AI in Licensed Professional Practice Restrictions · HC-02.3 · DeployerProfessional · Healthcare

R.I. Gen. Laws § 40.1-5.5-3(b)

Plain Language

No individual, corporation, or entity may provide, advertise, or offer therapy or psychotherapy services to the public in Rhode Island using AI — including Internet-based AI — unless those services are actually conducted by a licensed professional. This effectively prohibits AI-only therapy products that operate without a licensed professional conducting the service. The prohibition covers advertising as well as actual provision, so marketing an AI system as providing therapy without a licensed professional behind it is independently a violation. Religious counseling and peer support are excluded from the definition of therapy or psychotherapy services.

Statutory Text

(b) An individual, corporation, or entity may not provide, advertise, or otherwise offer therapy or psychotherapy services, including through the use of Internet-based artificial intelligence, to the public in this state unless the therapy or psychotherapy services are conducted by an individual who is a licensed professional.

HC-02 AI in Licensed Professional Practice Restrictions · HC-02.1 HC-02.2 · Professional · Healthcare

R.I. Gen. Laws § 40.1-5.5-3(c)

Plain Language

Licensed professionals are categorically prohibited from using AI to: (1) make independent therapeutic decisions, (2) directly interact with clients in any form of therapeutic communication, (3) generate therapeutic recommendations or treatment plans, or (4) detect emotions or mental states. AI use is permitted only for administrative support (scheduling, billing, logistics) and supplementary support (record-keeping, anonymized data analysis, organizing referrals), and only when the licensed professional maintains full responsibility for all interactions, outputs, and data use. The therapeutic communication definition is broad — it covers any interaction intended to diagnose, treat, or address mental, emotional, or behavioral health concerns, including emotional support, therapeutic strategies, and behavioral feedback. This effectively confines AI to back-office functions and bars it from any client-facing clinical role.

Statutory Text

(c) A licensed professional may use artificial intelligence only to the extent that such use meets the requirements of subsection (a) of this section. A licensed professional may not allow or otherwise use artificial intelligence to do any of the following: (1) Make independent therapeutic decisions; (2) Directly interact with clients in any form of therapeutic communication; (3) Generate therapeutic recommendations or treatment plans; or (4) Detect emotions or mental states.

HC-02 AI in Licensed Professional Practice Restrictions · Professional · Healthcare

R.I. Gen. Laws § 40.1-5.5-4

Plain Language

All records maintained by a licensed professional — including any records generated or maintained with the assistance of AI — and all communications between a therapy client and a licensed professional are confidential and may only be disclosed as permitted under existing Rhode Island law (§ 40.1-5-26). This extends the existing confidentiality framework to cover AI-assisted record-keeping in the mental health context. Violations are subject to the penalties in § 5-37.3-9.

Statutory Text

All records kept by a licensed professional and all communications between an individual seeking therapy or psychotherapy services and a licensed professional shall be confidential and shall not be disclosed except as provided pursuant to the provisions of § 40.1-5-26.